Post-Viable Abortion Ban
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H.B. 4108 – Rep. Gina Johnsen |
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Current Status H.B. 4108 was introduced on February 15, 2023, and was referred to the House Health Policy Committee. Description This bill prohibits the performance of an abortion after fetal viability if the abortion is not medically indicated to protect the life or physical or mental health of the pregnant woman and defines fetal viability for the purposes of Prop 3. Background Prop 3 says, “the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.” This bill seeks to prevent post-viable abortions on healthy babies being carried by healthy moms. History Since 1846, Michigan has had a law on the books stating all abortions are illegal, except to save the life of the mother (M.C.L. 750.14). This law also stipulates that post-viable abortions are illegal unless there is a health reason, and this section of law was enforceable even under Roe v. Wade. Prop 3 allows the state to regulate the abortion after fetal viability, but with the repeal of Michigan’s long standing abortion law, and no other laws preventing extreme late term abortions for any reason, post-viable abortions without any health indication could be performed in the state. |